Uttam Singh vs Rita - 2023 Supreme(P&H) 1434

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1434

ALKA SARIN
Uttam Singh – Appellant
Versus
Rita – Respondent

Advocates appeared:
For the Parties : Mr. Prateek Sodhi, Mr. A.P.S. Sandhu

Table of Content
1. revision petition under article 227 regarding execution proceedings. (Para 1)
2. petitioner's request for stay of execution pending application under order 9 rule 13 cpc. (Para 2)
3. respondent's argument countering petitioner's delay and conduct. (Para 3)
4. court's observations regarding petitioner's timing of application. (Para 4 , 5)
5. final order and dismissal of the revision petition. (Para 6 , 7)

Judgment

Mrs. Alka Sarin, J.

The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 02.12.2019, whereby the Executing Court has dismissed the application for staying the execution proceedings during the pendency of the application filed by the petitioner under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (CPC) for setting aside the ex parte judgment and decree dated 09.01.2014.

2. Learned counsel for the petitioner would contend that the ex parte judgment and decree was passed in a suit for specific performance of an agreement to sell on 09.01.2014 and that an application under Order 9 Rule 13 CPC was filed by the petitioner herein and that it would be in the fitness of things that the execution pr

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